Maritime Transport Act 1994

Preliminary provisions relating to marine pollution

224: Application of certain provisions of Parts 19 to 28

You could also call this:

"Breaking maritime rules outside New Zealand's waters: when you can take action"

Illustration for Maritime Transport Act 1994

You can't start criminal proceedings against someone for breaking rules in Parts 19 to 28 of this act if it happened outside New Zealand's territorial sea. This only applies unless you are taking action against a New Zealand citizen, someone who lives in New Zealand, or someone else with the Attorney-General's consent. The Attorney-General must give a certificate saying it is a good idea to start the proceedings. You can still arrest someone or issue a warrant for their arrest, but you can't take any more action until the Attorney-General says it is okay. If someone says they are not a New Zealand citizen and do not live in New Zealand, they must prove it. They have to show evidence that they are not a citizen and do not live in New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337263.

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Crime and justice > Criminal lawTransport and travel > Boating

Part 18Preliminary provisions relating to marine pollution

224Application of certain provisions of Parts 19 to 28

Notwithstanding anything in any other enactment, criminal proceedings shall not be commenced against a natural person in respect of a contravention of any provision of any of Parts 19 to 28 that is alleged to have occurred beyond the territorial sea of New Zealand unless they are commenced against—
a New Zealand citizen; or
a person who is ordinarily resident in New Zealand; or
any other person with the consent of the Attorney-General on his or her certificate that it is expedient that they be commenced.

Notwithstanding subsection (1), a person may be arrested, or a warrant for a person’s arrest may be issued and executed, and the person may be remanded in custody or on bail, but no further proceedings may be taken against a person who is neither a New Zealand citizen nor ordinarily resident in New Zealand, until the Attorney-General’s consent under subsection (1) has been obtained.
If any person alleges that he or she is not a New Zealand citizen, nor ordinarily resident in New Zealand, the onus of proof shall be on that person to prove that allegation.